Execution of Decrees – Transfer of Execution Proceedings – Jurisdiction – Petitioner, judgment debtor, challenged the order of the District Judge transferring execution proceedings from the Civil Judge (Junior Division) to the Civil Judge (Senior Division) due to administrative exigencies – Held, District Judge has the power to supervise and control execution of decrees and can transfer cases to appropriate courts – Term ‘Court which passed the decree’ does not mean only the original judge or coordinate judge – Execution proceedings properly transferred to avoid delays and ensure effective decree enforcement – Revision petition dismissed. [Paras 1-11]

Supervision and Transfer of Cases – Analysis – Held – District Judge must ensure execution work is not neglected and can redistribute cases to maintain efficiency – Provisions of Order 21 Rule 10, Sections 39 and 42 of CPC, read with High Court Rules, support the transfer to an appropriate court – Transfer necessary due to withdrawal of the original court for administrative reasons – Jurisdiction correctly exercised by District Judge. [Paras 8-10]

Decision – Dismissing Revision Petition – Court upholds District Judge’s order transferring execution proceedings to the Additional Civil Judge (Senior Division) – Jurisdiction correctly exercised to ensure timely execution of decrees – Petition dismissed, execution to proceed expeditiously. [Para 11]

Criminal Law – Honour Killing – Formation of SIT – Petitioner married inter-caste and his wife was abducted and later killed – Complaint named eleven suspects, but no action taken initially – Police later registered a case and charged five individuals – Petitioner sought investigation by a senior officer of SSP rank – Held, inter-caste marriages must be supported by law enforcement – Directed DGP to form SIT with SSP to lead investigation due to initial police laxity – SIT to assure public confidence by avoiding local influence – Directions for systemic reforms in investigating honour killings provided. [Paras 1-13]

Social Transformation and Legal Enforcement – Analysis – Held – Law must facilitate orderly social transformation, supporting inter-caste marriages and combating honour killings – Economic progress and individual autonomy essential for societal advancement – Law enforcement agencies must protect couples facing threats from familial and societal pressures – Need for compassionate and proactive police support emphasized – Formation of SIT to rectify initial investigation lapses and maintain public trust. [Paras 8-12]

Decision – Allowing Writ Petition – Court directs DGP to form SIT with SSP to investigate the case – SIT to examine petitioner and gather detailed information on suspects – SIT to operate independently of local influence – State to submit progress report and details of systemic reforms to address honour killings – Writ petition disposed with specific directives to law enforcement. [Paras 12-14]

Rent Control Law – Execution of Ejectment Order – Stay of Proceedings – Respondent-landlord filed a rent petition under Section 13-A, claiming he became the owner by a sale deed and required the premises for personal use after retirement – Rent Controller declined tenant’s leave to defend and ordered ejectment – Tenant's revision and SLP dismissed – Tenant filed objections and application under Order 21 Rule 29 CPC to stay execution on grounds of pending suit challenging ownership – Held, once ejectment order attains finality, subsequent objections without merit – Execution proceedings cannot be stayed based on pendency of suit filed after rent proceedings attained finality – Petition dismissed, directing immediate execution with police assistance if needed. [Paras 1-47]

Frivolous Litigation and Legal Ethics – Analysis – Held – Courts must prevent misuse of legal process to delay execution of decrees – Legal professionals have a duty to uphold justice, not support frivolous and obstructive tactics – Frivolous objections waste judicial resources and frustrate decree-holders – Judicial system’s integrity relies on enforcing legitimate orders without undue delay. [Paras 28-33]

Decision – Dismissing Revision Petition – Court directs the Executing Court to expedite execution of the decree and restore possession to the respondent – Police assistance to be provided if necessary – Warns counsel against unethical practices and emphasizes the responsibility of advocates to provide honest legal advice. [Paras 47-52]

Land Acquisition – Oustees Policy – Discrimination – Appellants' land acquired in 1976 for urban estate development – Government policy entitles oustees to preferential allotment of residential plots if they lack other residential properties – Initial applications made in 1981, with further public notices in 1983 – PUDA allotted a 100 square yard plot at 1997 rates (2700/sq yd) to appellants – High Court directs consideration at 1981 rates (85/sq yd) – Appellants' claim denied by PUDA – Held, entitlement to plot size and rates to be based on 1983 policy – Hostile discrimination against appellants in allotment – Appellants entitled to allotment at rates applied to others in 1985-86. [Paras 1-38]

Judicial Review and Policy Adherence – Analysis – Held – State must adhere to rehabilitation schemes for land-losers – Any deviation subject to judicial review – 1983 policy determined plot size based on acquired land area – 1981 policy clause limiting to 200 square yards redundant when determining eligibility in 1983 – PUDA's application of policies inconsistently and discriminatorily invalid. [Paras 19-33]

Decision – Allowing Appeal – Court sets aside lower court’s dismissal of the claim – Directs PUDA to allot plots at the same rates as allotted to other oustees in 1985-86 – Establishes that public authorities must act reasonably and fairly under Article 14. [Para 43]

Regulation of Private Education Boards – Petitioners challenged the amendment to the Punjab School Education Board Act, 1969, Constitutional Law – Right to Trade and Business – Education – asserting it violated Article 19(1)(g) by creating a monopoly favoring the Punjab School Education Board – Held, Article 19(1)(g) is not an absolute right and reasonable restrictions can be imposed in public interest – Ordinance aimed at preventing abuse in education sector and ensuring quality education – CBSE and ICSE recognized due to statutory backing, unlike the petitioner – No infringement of constitutional rights found – Petition dismissed. [Paras 1-21]

Regulatory Measures and Public Interest – Analysis – Held – Regulation of education standards essential to prevent mushrooming of unrecognized institutions – Ensuring quality education justifies restrictions imposed by the Ordinance – Regulatory measures balanced freedom under Article 19 with public interest controls under Clause (6) of Article 19 – Education’s inclusion in the concurrent list allows state legislation on the subject – Ordinance does not exceed legislative competence. [Paras 12-16]

Decision – Dismissing Writ Petition – Court upholds validity of the Punjab School Education Board (Amendment) Ordinance, 2013 – Reasonable restrictions imposed to maintain education standards and prevent misuse – No merit in petitioner’s claim of parity with CBSE and ICSE – Petition dismissed in limine. [Paras 20-21]

Municipal Law – Solid Waste Management – Contract Cancellation – Petitioner No.1, Pollution Control Committee, filed a writ petition to direct the Municipal Corporation for scientific disposal of municipal solid waste and dead animals – Municipal Corporation awarded contract to petitioner No.2 for setting up a solid waste management plant – Lease deed executed but petitioner No.2 failed to obtain necessary clearance from Pollution Control Board – Contract cancelled and lease possession not given – Cancellation challenged on grounds of lack of opportunity for hearing – Held, petitioner No.2 failed to obtain mandatory clearance, rendering the contract cancellation justified – Judicial review of concluded contracts limited unless public law element involved – No merit in challenge to cancellation without possession or proper clearance. [Paras 1-38]

Contractual Obligations – Regulatory Compliance – Analysis – Held – Compliance with Pollution Control Board authorization critical for validity of waste management contracts – Public interest in ensuring environmental safety – Judicial review does not extend to non-statutory contract breaches absent a public law element – Petitioner No.2’s failure to meet basic contractual condition of obtaining clearance justified contract termination – Procedural arguments regarding lack of hearing academic without possession or clearance. [Paras 18, 34, 36]

Decision – Dismissing Writ Petition – Court finds cancellation of contract and lease justified due to non-compliance with regulatory requirements – No merit in procedural arguments – Petition dismissed – Municipal Corporation directed to re-award contract within six months, ensuring compliance with regulatory norms for public safety. [Para 38-39]

Land Acquisition - Determination of Market Value - Appeals - A batch of 226 appeals challenging awards by the Reference Court regarding the market value of land acquired for Jhajjar Thermal Power Plant - Held, Market value must be assessed based on the date of the notification under Section 4 of the Land Acquisition Act, 1894 - Policy dated 06.05.2007 of assessing value on the date of the award, not permissible - Court directed to use the date of notification for calculation - Appeals Allowed in Part, market value reassessed accordingly [Paras 2.1, 3.4, 5.21].

Evidence Admissibility - Analysis - Held, Applications to admit additional evidence allowed - High Court as the first appellate court must reappreciate evidence, ensuring the market value reflects the date of notification under Section 4, not the award date - Discrepancies in Reference Court’s reliance on state policy corrected [Para 5.5].

Decision - Reassessment of Compensation - Court mandates reassessment of market value from the date of notification, rejecting the policy-based approach by the Reference Court - Revised compensation to be determined [Para 5.21].

Criminal Law – Rape of Minor – Conviction under Section 376(2)(f) IPC – Appeal against conviction for raping a 7-year-old girl – Victim's testimony corroborated by medical evidence – Delay in lodging FIR explained due to non-identification of the accused initially – High Court finds testimony of the minor victim credible and consistent with the prosecution’s case – No evidence suggesting false implication – Conviction and 10-year sentence upheld. [Paras 1-26]

Evidence Law – Testimony of Child Witness – Reliability – Victim’s testimony found credible and free from exaggeration – Minor victim’s consistent statements during investigation and trial deemed reliable – High Court emphasizes that child witness testimony should not be rejected unless tutored or unreliable – Court finds no tutoring or unreliability in victim’s statements. [Para 22]

Delay in Lodging FIR – Explanation and Impact – Delay due to victim's inability to initially identify the accused – High Court accepts delay as properly explained – Emphasizes that delay in sexual offence cases can be due to various reasons including family’s hesitation – Delay does not affect credibility of prosecution’s case. [Paras 14, 17]

Decision – Dismissal of Appeal – High Court upholds trial court’s judgment and sentence – Finds no merit in the appeal – Confirms 10-year rigorous imprisonment and fine of Rs. 10,000 under Section 376(2)(f) IPC – Emphasizes statutory minimum punishment for rape of a girl under 12 years. [Para 26]

Tax Law - Right to Appeal Under Section 39 - State's Right to Appeal – The petitioner challenged the Tribunal's decision dismissing their appeal under Section 39(2) of the Haryana General Sales Tax Act, 1973, as not maintainable and the subsequent review application – Court held that Section 39(2) does not limit the right of appeal to any particular person or party and includes the State – The existence of revisionary powers under Section 40 does not negate the right of appeal under Section 39(2) – Right to appeal under Section 39(7) against orders in revision does not preclude appeals under Section 39(2) – Petition allowed, Tribunal's orders set aside, and appeal restored for merit-based disposal. [Paras 5, 7, 8]

Judicial Principles - Interpretation of Appeal and Revision Provisions – The Tribunal erroneously concluded that the appeal was not maintainable by misinterpreting Sections 39 and 40 – Revisionary powers under Section 40(1) are distinct from the right to appeal under Section 39(2) – The Tribunal failed to recognize the State's right to appeal and misread the legislative scheme of the Act. [Paras 6-7]

Procedural Law - Review and Appeal Mechanisms – The Tribunal's denial of the State's appeal and review application was based on a restrictive interpretation of the Act – Court clarified that the appeal and revision are separate remedies and one does not exclude the other – The legislative intent was to provide a comprehensive appeal mechanism under Section 39. [Paras 6-7]

Decision: Petition allowed – Impugned orders of the Tribunal dated 12.08.2005 and 30.11.2007 set aside – Appeal before the Tribunal restored to file and directed to be disposed of on merits. [Para 8]